2d Session No. 867 BOUNDARY LIMITS OF GREAT SMOKY MOUNTAINS, NATIONAL PARK MARCH 10, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. LEAVITT, from the Committee on the Public Lands, submitted the following REPORT [To accompany H. R. 6343] The Committee on the Public Lands, to whom was referred the bill (H. R. 6343) to provide for the extension of the boundary limits of the proposed Great Smoky Mountains National Park, the establishment of which is authorized by the act approved May 22, 1926 (44 Stat. p. 616), having considered the same, report thereon with a recommendation that it do pass without amendment. The purpose of this bill is quite fully set forth in the memorandum of Director Horace M. Albright to the Secretary of the Interior, made a part of this report. The original setting of the boundary of the Great Smoky Mountains National Park was as suggested by the commission headed by Representative Temple of Pennsylvania. It was not intended to include all of the land which might be acquired and which is of high national park standard. Since the obligation of acquiring lands for this national park is upon the States of North Carolina and Tennessee, title in fee simple to be given to the United States, it was believed that the boundary selected was within reason from the standpoint of the cost to the States and others donating for the purchase of these lands. However, there is an additional 14,000 acres of virgin timber land belonging to a lumber company whose holdings are partially included within the boundary now set within the State of North Carolina. Being a part of an operating unit of this company they will probably have to be acquired by the North Carolina Park Commission whether they are included in the park or not and the commission desires to have the boundary extended to include this additional area in order that it may present it to the Government of the United States for park purposes, and in order that the Secretary of the Interior may accept the same under the provisions of the act of May 22, 1926 (44 Stat. L., 616; U. S. Code Titlé 16, sec. 403a). This is entirely to the advantage of the United States. The lands are not being purchased at the expense of the Federal Government but this bill would allow the Federal Government, through the Secretary of the Interior, to accept the additional area from the North Carolina Park Commission, thus rounding out the boundaries of the park. The favorable report of the Secretary of the Interior and memorandum of the Director of the National Park Service are made a part of this report. Hon. DoN S. COLTON, DEPARTMENT OF THE INTERIOR, Chairman Committee on the Public Lands, House of Representatives. MY DEAR MR. CHAIRMAN: Further reference is made to your request, undated, received February 27, for a report on H. R. 6343, providing for the extension of the boundary limits of the proposed Great Smoky Mountains National Park. In this connection, I transmit herewith a memorandum from the Director of the National Park Service. After a review of the proposed measure, I agree with Director Albright. Very truly yours, RAY LYMAN WILBUR, Secretary. Memorandum for the Secretary: DEPARTMENT OF THE INTERIOR, Reference is made to letter dated February 26, from the chairman Committee on the Public Lands, House of Representatives, inclosing copy of H. R. 6343, a bill to provide for the extension of the boundary limits of the proposed Great Smoky Mountains National Park, the establishment of which is authorized by the act approved May 22, 1926 (44 Stat. p. 616), with request for report thereon. The report of April 14, 1926, by the Secretary of the Interior, referred to in H. R. 6343, and embodied by Congress in the act of May 22, 1926, providing among other matters for the establishment of the Great Smoky Mountains National Park, prescribed the general lines within which a national park in the Great Smoky Mountains of North Carolina and Tennessee, authorized by the act of May 22, 1926, is to be located. The North Carolina Park Commission in its negotiations with the various owners on the North Carolina side of the proposed park established that the holdings of one of the lumber companies, whose lands within the park area are to be acquired and would doubtless have to be condemned, extended beyond the originally prescribed general line to the extent of about 14,000 acres of virgin timberland. It is anticipated the courts may force the commission to pay for this extra land, since as an operating unit it may not be separated, without operating damage, from the lumber company's lands within the general line that have to be acquired; in other words, that the commission might have to pay for these extra 14,000 acres whether or not it took them, and under such circumstances they desire, of course, to take them. H. R. 6343 has been introduced to afford the legal right for the North Carolina Park Commission to acquire the land and for the Secretary of the Interior to accept the same should it turn out to be necessary and desirable, and to give the commission legal authority to sustain itself in court against the lumber company holdings as a unit. In view of the foregoing it is recommended that the bill H. R. 6343 receive the favorable consideration of the department and Congress. о HORACE M. ALBRIGHT, Director. 2d Session MARINE BAND AT THE No. 868 CONFEDERATE VETERANS' REUNION, BILOXI, MISS. MARCH 10, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. DRANE, from the Committee on Naval Affairs, submitted the following REPORT [To accompany H. R. 6349] The Committee on Naval Affairs of the House of Representatives, to whom was referred the bill (H. R. 6349) authorizing the attendance of the Marine Band at the Confederate veterans' reunion to be held at Biloxi, Miss., having had the same under consideration, report favorably thereon, and with the following amendment recommend that the bill do pass: SEC. 2, line 11, strike out numerals "$7,500", and insert in lieu thereof "$7,707.22". SEC. 2, line 11, after the word "Provided," strike out all of the provision, and insert in lieu thereof the following: That in addition to transportation and Pullman accommodations the leaders and members of the Marine Band be allowed not to exceed $5 per day each for actual living expenses while on this detail, and that the payment of such expenses shall be in addition to the pay and allowances to which members of the United States Marine Band would be entitled while serving at their permanent station. This bill provides for the authorization of the Marine Band to attend the fortieth annual Confederate veterans' reunion to be held at Biloxi, Miss., June 3 to 6, inclusive, 1930. It also provides for the expense of the band while on the detail. The committee feels that the members of the band should not be requested to attend affairs of this or any other kind at a personal sacrifice and therefore reports this bill favorably in accordance with the suggested amendment as shown in the following letter from the Acting Secretary of the Navy addressed to the chairman of the Committee on Naval Affairs, House of Representatives, and which clearly sets forth the views and recommendations of the department and is hereby made a part of this report. NAVY DEPARTMENT, Washington, January 29, 1930. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of December 5, 1929, transmitting the bill (H. R. 6349) authorizing the attendance of the Marine Band at the Confederate Veterans' Reunion to be held at Biloxi, Miss., and requesting the views and recommendations of the Navy Department thereon, I have the honor to inform the committee as follows: The purpose of this bill is to authorize the President to permit the Marine Band to attend and give concerts at the Fortieth Annual Confederate Veterans' Reunion to be held at Biloxi, Miss., June 3 to 6, inclusive, 1930. The bill (H. R. 6349) was referred to the Bureau of the Budget with the statement that the Navy Department contemplated recommending its enactment, if the proviso in section 2 thereof be changed to read as follows: "Provided, That in addition to transportation and Pullman accommodations the leaders and members of the Marine Band be allowed not to exceed $5 per day each for actual living expenses while on this detail, and that the payment of such expenses shall be in addition to the pay and allowances to which members of the United States Marine Band would be entitled while serving at their permanent station." Under date of January 24, 1930, the Director of the Bureau of the Budget advised the Navy Department that, in so far as the financial program of the President is concerned, there is no objection to the proposed report on this legislation. The cost of the proposed legislation, if amended as above suggested and enacted, is estimated at $7,707.22, for 62 members of the band, divided as follows: Transportation. Pullman. Per diem (subsistence, etc.) Total... $3, 937.00 1,290. 22 2, 480.00 7,707. 22 In view of the foregoing, the Navy Department recommends that the bill H. R. 6349 be enacted, if amended as above suggested. Sincerely yours, ERNEST LEE JAHNCKE, Acting Secretary of the Navy. AMEND SUBDIVISION (A) OF SECTION 209 OF TRANSPORTATION ACT, 1920 March 10, 1930.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. MERRITT, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 8639] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 8639) to amend and reenact subdivision (a) of section 209 of the transportation act, 1920, having considered the same, report thereon with a recommendation that it pass. The new language inserted in this proposed amendment not found in the transportation act consists of the words "a carrier by water not controlled by any railroad company, or" immediately following the figure (2) in the definition of the term "carrier," the proviso in section 1, and all of section 2. This bill has for its purpose the correction of what we believe was an inadvertence in the language of section 209 of the transportation act of 1920. The original act of Congress prolonged the Federal control rate provisions for a period of six months by what is generally termed the "guaranty clause." It is believed that it was the intention of Congress to treat all the carriers alike, but in describing such carriers the following language was used: The term "carrier” means (1) a carrier by railroad or partly by railroad and partly by water. It will be noted that the foregoing language excluded all water carriers which were independent carriers even though they were at that time under Federal control. There was in fact one such carrier, the only one, the Merchants & Miners Transportation Co. This company is a water carrier operating then as now between Baltimore, Providence, and Boston; also between Baltimore, Savannah, and Jacksonville and between Philadelphia and Savannah. The national defense act of August 29, 1916, authorized the President in time of national emergencies, such as wars, to requisition the |